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2023 DAILYLAW 6189 (PNJ)

PRINCE v. STATE OF PUNJAB

CRM-M/43025/2026 · 2026-08-13

Manisha Batra

body2023

Judgment text

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CRM-M-43025- IN THE H PRINCE STATE OF PUNJ 1 The dat 2 The dat 3 The dat website 4 Whethe pronoun pronoun 5 The del judgme CORAM: HON Present: Dr. R Ms. K Ms. A Mr. D **** MANISHA BATR 1. The i 483 of Bharatiya grant of regular registered under S Sanhita, 2023 (for added later on) at P -2026 (O&M) 1 THE HIGH COURT OF PUNJAB A CHANDIGARH Versus PUNJAB he date when the judgment is reserved he date when the judgment is pronoun he date when the judgment is uploaded ebsite hether only operative part of the judg ronounced or whether the full judgmen ronounced he delay, if any, of the pronouncement dgment and reasons thereof. HON'BLE MRS. JUSTICE MANIS Dr. Rau P.S. Girwar, Advocate, Ms. K.T. Rau, Advocate and Ms. Archana Arora Rau, Advocate fo Mr. Durgesh Garg, AAG, Punjab **** BATRA, J. The instant petition has been filed b ratiya Nagarik Suraksha Sanhita, 202 gular bail in case arising out of F nder Sections 109, 115(2), 118(1), 19 3 (for short “BNS”) (Sections 118(2 on) at Police Station Civil Lines, Bathi JAB AND HARYANA AT ARH CRM-M-43025-2026 (O&M) ... Petitioner ...Respondent served 11.08.2026 onounced 13.08.2026 loaded on the 13.08.2026 e judgment is dgment is Full cement of full Not applicable ANISHA BATRA for the petitioner filed by the petitioner under Section a, 2023 (for short “BNSS”) seeking of FIR No.130 dated 30.05.2025 (1), 190, 191(3) of Bharatiya Nyaya 118(2), 117(2), 238 and 55 of BNS , Bathinda. ction king 2025 yaya BNS AMIT SHARMA 2026.08.13 10:39 I attest to the accuracy and integrity of this order/judgment. CRM-M-43025- 2. As pe Danga Peedat Co accused Harpreet reached there, be exhortation to teac him by striking a their respective w victim. He was complainant recor alongwith Shaklde accused. The pe 04.06.2025. Inves 3. It is a falsely implicated complainant recor due deliberations complainant claim satisfactorily expl months. He is no Parade has not be No specific overt time to conclude. -2026 (O&M) 2 As per the allegations on 29.05.2025, at Colony. His brother was follow rpreet Singh @ Kalva, accompanied re, being armed with weapons. to teach a lesson to the complainant an king a blow with sword. His compa tive weapons. The occurrence was als e was rushed to the hospital. On t recorded his statement, on the basis o hakldev Kumar, Prince and Sachin K he petitioner and the above-named Investigation now stands concluded. It is argued by learned counsel for t licated in this case on the basis of t recorded approximately 05 days afte ations and concoctions, despite the t claimed himself to be the eye-witne y explained. He is in custody for a p e is not required for further investiga not been conducted. No recovery has overt act has been attributed to him. lude. His further incarceration would .2025, the complainant-Raju went to following him. In the meanwhile, panied with 9-10 unknown persons ns. Accused Harpreet made an ant and then opened an assault upon ompanions also assaulted him with was also witnessed by brother of the . On 04.06.2025, brother of the basis of which the present petitioner chin Kumar were nominated as an amed 02 accused were arrested on uded. l for the petitioner that he has been sis of statement of brother of the s after the occurrence, after making e the fact that the brother of the witness. This delay has not been for a period of over 01 year and 02 vestigation. His Test Identification ry has been effected at his instance. o him. Trial will take considerable would not serve any useful purpose. nt to hile, rsons e an upon with f the the ioner s an d on been f the king f the been d 02 ation ance. rable pose. AMIT SHARMA 2026.08.13 10:39 I attest to the accuracy and integrity of this order/judgment. CRM-M-43025- His antecedents a petition deserves t 4. Notic 5. Learn argued that keepin does not deserve t to be allowed. 6. This C for the parties at co 7. The p basis of statemen Though the alleg subject offences a 07.06.2025. Inves time to conclude a detention of the p proposition of law incarceration shou the jail is to secu preventive or puni opinion that a cas Accordingly, the p on bail subject t -2026 (O&M) 3 ents are clean. With these broad sub erves to be allowed. Notice of motion. Learned State counsel has advance keeping in view the allegations as lev serve to be extended benefit of bail an This Court has heard the rival submis es at considerable length. The petitioner was not named in the F tement recorded by brother of the co allegations make out a prima facie nces as against the petitioner, however Investigation has now been conclude clude as no prosecution witness has b f the petition will not serve any fruitf of law is that bail is the rule and j n should not be replica of post-convict o secure appearance of the accused r punitive. In view of the above discu t a case is made out for grant of bail , the petition is allowed and the petiti ject to his furnishing personal as ad submissions, it is urged that the ance notice of the petition and has as levelled against the petitioner, he ail and the petition does not deserve ubmissions made by learned counsel in the FIR and was nominated on the the complainant as on 04.06.2025. facie case for commission of the wever, he has been in custody since ncluded. Trial will take considerable has been examined so far. Further y fruitful purpose. The well settled and jail is an exception. Pre-trial onviction sentencing. The object of cused during trial, and it cannot be e discussed facts, this Court is of the f bail to the petitioner at this stage. e petitioner is ordered to be released al as well as surety bonds to the t the has r, he serve unsel n the 025. f the since rable rther ttled trial ct of t be f the tage. ased the AMIT SHARMA 2026.08.13 10:39 I attest to the accuracy and integrity of this order/judgment. CRM-M-43025- satisfaction of the concerned. 8. It is, be construed as an and shall not influ 9. Since any, is rendered in 13.08.2026 Amit Sharma -2026 (O&M) 4 of the learned trial Court/Chief Judici It is, however, clarified that the obse d as an expression of opinion of this C t influence the outcome of the trial in a Since the main petition has been all ered infructuous. (MA Whether speaking/reasoned:- Yes Whether reportable:- Yes/No Judicial Magistrate/Duty Magistrate e observations made above shall not this Court on the merits of the case ial in any manner. allowed, pending application, if (MANISHA BATRA) JUDGE Yes/No trate l not case n, if AMIT SHARMA 2026.08.13 10:39 I attest to the accuracy and integrity of this order/judgment.